Criminal Code of Canada - section 608 - Evidence of identity of charges

section 608

INTRODUCTION AND BRIEF DESCRIPTION

Evidence and records from a previous trial can be used to prove or disprove the identity of charges in a plea of autrefois acquit or autrefois convict.

SECTION WORDING

608 Where an issue on a plea of autrefois acquit or autrefois convict is tried, the evidence and adjudication and the notes of the judge and official stenographer on the former trial and the record transmitted to the court pursuant to section 551 on the charge that is pending before that court are admissible in evidence to prove or to disprove the identity of the charges.

EXPLANATION

Section 608 of the Criminal Code of Canada is an important provision that deals with the legal doctrine of "autrefois acquit" or "autrefois convict". This doctrine is a legal principle that prevents a person from being tried twice for the same offence. This means that if a person has already been acquitted or convicted of a certain offence in the past, they cannot be tried again for the same offence, even if new evidence comes to light. Section 608 outlines the rules for how evidence from a previous trial can be used in a new trial where the defence raises the issue of "autrefois acquit" or "autrefois convict." Specifically, this section allows the court to admit evidence and adjudications from the previous trial as well as the notes of the judge and official stenographer. Additionally, the official record of the previous charge that is transmitted to the court pursuant to section 551 can be used as evidence to prove or disprove the identity of the charges. The purpose of this provision is to ensure that the defence and prosecution have all relevant information when a previous acquittal or conviction is raised in a new trial. By allowing the court to admit evidence from the previous trial, the court can determine whether the identity of the charges is the same as the charges in the previous trial. If the charges are found to be the same, then the defence can use the doctrine of "autrefois acquit" or "autrefois convict" to prevent the accused from being tried again. In summary, Section 608 of the Criminal Code of Canada plays an important role in ensuring that the principle of "autrefois acquit" or "autrefois convict" is upheld in Canadian criminal law. It allows evidence from a previous trial to be admitted into a new trial in order to help the court decide whether the accused should be tried again for the same offence.

COMMENTARY

Section 608 of the Criminal Code of Canada outlines the admissibility of evidence and adjudications in cases where an issue on a plea of autrefois acquit or autrefois convict is being tried. The section establishes that evidence from previous trials may be presented in order to prove or disprove the identity of charges under consideration in the current case. The concept of autrefois acquit or autrefois convict is an important principle of double jeopardy, which has its roots in English common law. Essentially, this principle holds that an individual cannot be tried for a crime if they have already been acquitted or convicted of the same crime. This principle is enshrined in Section 11(h) of the Canadian Charter of Rights and Freedoms, which provides that no person shall be tried or punished again for the same offence after a previous acquittal or conviction. Section 608 of the Criminal Code is designed to clarify the circumstances in which evidence from previous trials can be admissible in the context of double jeopardy. Specifically, it applies in cases where the identity of the charges is in question. This means that if there is a dispute over whether the charges in the current case are the same as those in a previous trial, evidence from that earlier trial can be used to help determine the issue. This provision has important implications for the administration of justice in Canada. On the one hand, it helps to prevent individuals from being tried or punished multiple times for the same offence. This is important for ensuring fairness and preventing the abuse of the criminal justice system. On the other hand, it allows for the use of relevant evidence in cases where the identity of charges is in question. This can help ensure that the right person is being charged with the right crime, and that justice is served appropriately. Overall, Section 608 of the Criminal Code is an important provision that helps to clarify the rules around the use of evidence in cases involving double jeopardy. By allowing for the use of evidence from previous trials in cases where the identity of charges is in question, this provision helps to ensure that justice is served fairly and that the integrity of the criminal justice system is maintained.

STRATEGY

Section 608 of the Criminal Code of Canada is an important provision that governs the admissibility of evidence in cases where an issue on a plea of autrefois acquit or autrefois convict is tried. This provision allows the court to consider the evidence and adjudication from a previous trial in order to establish the identity of the charges that are pending before the court. One of the key strategic considerations when dealing with section 608 is to assess the strength of the evidence that is available from the previous trial. The evidence and adjudication from the previous trial must be relevant to the charges that are currently pending before the court, and must be of sufficient quality and reliability to support a conviction. Another important strategic consideration is to evaluate the potential impact that the evidence from the previous trial may have on the current trial. If the evidence is particularly strong and could potentially lead to a conviction, it may be advisable to seek a plea bargain or other type of negotiated settlement. There are several strategies that can be employed when dealing with section 608 of the Criminal Code of Canada. One option is to challenge the admissibility of the evidence from the previous trial on the grounds that it is not relevant or reliable. This may involve presenting evidence and arguments to the court demonstrating that the evidence from the previous trial is insufficient to establish the identity of the charges. Alternatively, it may be possible to seek a stay of proceedings on the grounds that the defendant has already been acquitted or convicted of the charges in question, and a retrial would be unfair or constitute double jeopardy. This may be a particularly effective strategy if the evidence from the previous trial is not particularly strong or reliable. Another possible strategy is to seek a plea bargain or negotiated settlement that takes into account the evidence from the previous trial. This may involve negotiating a plea to a lesser charge or reduced sentence in exchange for a guilty plea or admission of guilt. Overall, section 608 of the Criminal Code of Canada is a complex provision that requires careful consideration of a range of strategic factors when dealing with issues of autrefois acquit or autrefois convict. By carefully assessing the strength and relevance of the evidence from the previous trial, and by employing effective legal strategies, defendants can seek to achieve the best possible outcome in their case.